Justice Department Files Lawsuit to Stop New York’s Unlawful “Protect Our Courts Act” from Obstructing Immigration Enforcement

WASHINGTON - On Thursday, the United States filed a complaint against the State of New York, challenging state policies that blocked immigration officials from arresting individuals at or near New York courthouses. Specifically, the complaint challenges a law, called the Protect Our Courts Act, that purposefully shields dangerous aliens from being lawfully detained at or on their way to or from a courthouse and imposes criminal liability for violations of the shield. This law and accompanying polices violate the Supremacy Clause of the U.S. Constitution because they obstruct the execution of federal immigration authorities.

“Lawless sanctuary city policies are the root cause of the violence that Americans have seen in California, and New York State is similarly employing sanctuary city policies to prevent illegal aliens from apprehension,” said Attorney General Pamela Bondi. “This latest lawsuit in a series of sanctuary city litigation underscores the Department of Justice’s commitment to keeping Americans safe and aggressively enforcing the law.”

New York’s law comes after Executive Order 10866, Declaring a National Emergency at the Southern Border, which directs the Department of Homeland of Security to issue guidelines for the safe and effective enforcement of immigration laws around the country, specifically at or near courthouses. As is true in all types of law enforcement, conducting an arrest at or near a courthouse often reduced the risk of flight and potential safety risks to the public, law enforcement officers, and targets themselves due to the enhanced security screenings in place at courthouses. New York’s law runs counter to common sense and endangers communities by eliminating safe places for law enforcement officers to act.

As explained in the complaint, filed by newly confirmed Assistant Attorney General Brett Shumate, “Through these enactments, New York obstructs federal law enforcement and facilitates the evasion of federal law by dangerous criminals, notwithstanding federal agents’ statutory mandate to detain and remove illegal aliens.”

This is the latest in several lawsuits the Department of Justice has filed challenging state interference with immigration enforcement. In May, the Department sued several New Jersey cities who had enacted sanctuary policies.

Read the full complaint HERE.